LAWRENCE THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner claims to be the President of the Parent- Teachers Association (PTA) of the Santhome Higher Secondary School, Kolakkad, Kannur, which is an aided higher secondary school. It is the case of the petitioner that the PTA of the school as well as the management of the school has been making consistent and repeated efforts since 2001 for allotment of a National Service Scheme (N.S.S) unit to their school. The aided high school was established in the year 1982-83 and the higher secondary section was commenced in the school in the year 1998, it is averred. The petitioner contends that the school is entitled and eligible for grant of N.S.S. unit due to various factors. That the school was started in the year 1982-83 and it is situated predominantly in a backward area and that it is catering to the educational needs of the children of the persons hailing from socially, educationally and economically backward sections of the society. That there are about 300 students in the school and that the school satisfies the criterion for commencement of the N.S.S. unit as provided in the National Service Scheme (N.S.S) Manual adopted by the respondents as per Ext.P8. It is alleged that relatively new schools are allotted N.S.S. units. It is in the background of these factual averments and contentions, that the petitioner has filed this Writ Petition (Civil) with the following prayers:

(2.) The 2nd respondent-Director of Higher Secondary Education, Thiruvananthapuram, has filed a statement dated 18.7.2014. The 2nd respondent has resisted the pleas and contentions of the petitioner and has specifically denied the contentions based on of hostile discrimination. It is averred by the 2nd respondent that as per circular No. 56/NSS/DHSE/2014 dated 20.07.2013, applications were called for sanctioning 50 N.S.S. units to be sanctioned to higher secondary schools in the State after withdrawing N.S.S. units under different colleges affiliated to Universities in State of Kerala and that pursuant to the said notification, 469 applications were received, as against the 50 N.S.S. units available for allotment. Out of the 1463 higher secondary schools in the Government and aided sector in the State, only 450 such higher secondary schools have N.S.S. units and that, out of the 53 aided schools in Kannur district, only 17 such schools have N.S.S. units. That the Central and State Governments are sanctioning grant for functioning of the N.S.S. units in the ratio of 7:5 and that the Government of India stopped sanctioning of aided N.S.S. units since 2008 and that last year, 50 N.S.S. units were sanctioned to Plus Two schools by withdrawing excess N.S.S. units granted to various colleges affiliated to the Universities in the State. It is submitted by the learned Government Pleader that the Santhome Higher Secondary School as well as another school in the Kannur district, viz., St.Thomas Higher Secondary School, Kelakam, were among the various applicants for allotment of N.S.S. units. That N.S.S. units were allotted to Government/aided schools considering the following criteria:- (1) schools not having National Cadet Corps (NCC)/Student Police Cadets (SPC), (2) student strength, (3) number of girl students, (4) number of SC/ST students and (5) area of the school situated. The Santhome Higher Secondary School had Student Police Cadet (SPC) unit, but the St.Thomas School has no SPC unit and it is after consideration of these relevant aspects that the St.Thomas School was considered for the allotment of N.S.S. Unit and accordingly, it is on this basis that the N.S.S. unit could not be sanctioned to the Santhome School, for which, the claim is made by the petitioner in his capacity as the President of the Parent-Teachers Association of that school.

(3.) Heard Sri. Kaleeswaram Raj, the learned counsel for the writ petitioner and the learned Senior Government Pleader appearing for respondents 1 and 2.